A/76/434
46. Although Member States have lagged in implementing the Durban Declaration
and Programme of Action, some progress has been made. According to OHCHR,
since 2001, 42 States have adopted or amended legislation prohibiting racial
discrimination; 35 States have established national equality bodies for combating
racial discrimination and promoting equality; 23 States and regional institutions have
adopted national and regional policies against racism; and 26 more States have
ratified the International Convention on the Elimination of All Forms of Racial
Discrimination, bringing the total number of States parties to 182. 48
47. In part as a result of the Durban Declaration and Programme of Action, the term
“Afrodescendants” has played an integral role in boosting data collection, legal
recognition and political will to combat racism in Latin America. Several Latin
American nations have created national action plans against racism in response to the
document, and Brazil has been highlighted as a nation that radically changed its
approach to racial justice policies owing to the influence of the Conference, including
by engaging in affirmative action programmes. 49 Even while acknowledging those
developments, it is crucial to note the persistence of extreme human rights violations
in the region against people of African descent and indigenous peoples.
48. Several States credit the Durban Declaration and Programme of Action with
prompting recognition and action on racial discrimination in their national legal
systems. In one submission, the national human rights institution of Argentina noted
that the document was “an essential engine” for instilling the issue of racial
discrimination and xenophobia into the State’s institutional agenda. 50 The
Government of Mexico noted that the document had “contributed to the consolidation,
implementation and articulation of” its anti-discrimination policy. 51 Namibia reported
that the document had inspired its Office of the Ombudsman to conduct a national
inquiry on the matter in 2017. The ensuing report, entitl ed “A nation divided: why do
racism and other forms of discrimination still persist after twenty -seven years of
Namibian independence?”, has played a key role in guiding the country’s subsequent
racial justice programme. 52
49. Another key area of national implementation has been the creation of national
action plans against racism, racial discrimination, xenophobia and related
intolerance. 53
50. Argentina created a national plan against racism in 2004 and collected data on
Afrodescendants for the first time in its 2010 census. 54 Ecuador reported that, in 2009,
it adopted a “plurinational plan” in response to the Durban Declaration and
Programme of Action. The country has also created several institutional frameworks,
including the National Council for the Equality of Peoples and Nationalities and an
agenda for the equal rights of indigenous nationalities and peoples, Afro -Ecuadorian
people and Montubio people for the period 2019–2021. 55 The National Council for
the Prevention of Discrimination of Mexico is cu rrently developing a national
programme for equality and non-discrimination for the period 2021–2024, within the
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48
49
50
51
52
53
54
55
14/26
Data taken from OHCHR, “Fighting racism and discrimination: the Durban Declaration and
Programme of Action at 20”, 2021. In its submission, the International Movement against All
Forms of Discrimination and Racism reported that only 59 States parties to the Convention had
accepted the individual communications procedure set out in article 14 thereof, while 123 States
parties had not.
Lennox, “Reviewing Durban”, p. 209.
Submission by the Defensoría del Pueblo de la Nación (Argentina).
Submission by Mexico.
Submission by Namibia.
Programme of Action, para. 99.
Submission by the Defensoría del Pueblo de la Nación (Argentina).
Submission by Ecuador.
21-15325